Down the rabbit hole again with Carroll

E.Jean Carroll on Monday is seeking additional damages from former President Donald Trump over comments he made on a CNN town hall disparaging her claims that he had raped in in a Bergdorf Goodman dressing room in the 1990s. …

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The former advice columnist’s Monday filing stems from comments Trump made on a CNN town hall after the verdict, in which he reiterated his denial of the event and contended that the trial had been unfair.

The Monday filing said Trump’s comments “show the depth of his malice toward Carroll, since it is hard to imagine defamatory conduct that could possibly be more motivated by hatred, ill will or spite,” according to the New York Times. “This conduct supports a very substantial punitive damages award in Carroll’s favor both to punish Trump, to deter him from engaging in further defamation, and to deter others from doing the same.”

[Carroll’s pushing her luck. She certainly hasn’t been shy about criticizing Trump in the media, and at some point courts will conclude that Trump has the right to answer that criticism. Another round of this might convince an appeals court to consider just what role Carroll has played in this mutual public condemnation, and whether or not that should play a role in considering the highly unusual waiving of statutes of limitation by the state of New York to allow this lawsuit in the first place. If nothing else, this might implicate New York’s expanded anti-SLAPP statute too, which exists to prevent the use of lawfare as a means to restrict free speech. — Ed]

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